ROCK IN RIO USA
ECHOSMITH TWITTER PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER.
1. ELIGIBILITY: Subject to the exceptions contained in this Section 1, the Echosmith Twitter Promotion (the “Promotion”) is open to individuals worldwide who are the age of majority or older in the jurisdiction in which they reside at the time of entry who have a Twitter account; provided, however, that this Promotion is not available within (i) any countries where the Promotion, its mechanisms, these Rules and/or the Prize or any part(s) of them are prohibited by any applicable law, regulation, guideline or ordinance; (ii) any country currently under sanction by the United States Office of Foreign Assets Control (“OFAC”) list, which can be found at http://www.treas.gov/offices/enforcement/ofac/programs/; (iii) countries or jurisdictions where language translation of rules or publication and bonding of promotions is required; (iv) any country which the Sponsor determines in its sole discretion at any time during the Promotion is a voided country and not eligible for participation.Void in all other jurisdictions and where prohibited by law. Employees and directors of Rock World USA, LLC d/b/a Rock in Rio USA (“Sponsor”) and its parent and subsidiary companies, affiliates, divisions, representatives, consultants, sub-contractors, advertising, public relations, promotional, fulfillment and marketing agencies, and members of their immediate families (defined for these purposes as including spouse, parents, children, and siblings and each of their respective spouses) and individuals living in the same household, are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion. The odds of winning this Promotion depend on the number of eligible entries received; in other words, many will enter; only one (1) person will win. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited, taxed, or restricted by law.
2. PROMOTION PERIOD: The Promotion begins on May 13th, 2015 at 10am Pacific Daylight Time (“PDT”) and ends on May 14th, 2015 at 9:59am PDT (the “Promotion Period”). Entries received before or outside of the Promotion Period will not be accepted or be eligible to win the stated Prize.
3. TO ENTER: To participate, Entrants must have a Twitter account and must follow @rockinriousa (the “Handle”) during the Promotion Period. Creating a Twitter account is free and can be done by visiting twitter.com. Twitter’s Terms of Service (https://twitter.com/legal/terms) apply to this Promotion. At or around the beginning of the Promotion Period, Sponsor will post a tweet on Twitter from the Handle that reads “Follow & RT to win a Meet & Greet with @echosmith at #RockinRioUSA!” (the “Promotion Tweet”). To enter to win, users must retweet the Promotion Tweet from their twitter account.
LIMIT: MAXIMUM OF ONE (1) ENTRY PER PERSON. Multiple entries per account will not be considered.
ALTERNATIVE METHOD OF ENTRY: You may also enter without retweeting the Promotion Tweet by sending an email with your name, complete mailing address, phone number, age and email address to email@example.com. You will receive one (1) Promotion entry into the Prize drawing. Limit: One (1) entry per person. All email entries must be received during the Promotion Period.
Any entries after the close of the Promotion Period will not be eligible for the Promotion. Multiple entrants are not permitted to share a Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified from the entire Promotion. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Twitter account used to register will be deemed to be the entrant. The “Authorized Account Holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the Twitter account used to enter. The potential winner may be required to show proof of being the Authorized Account Holder of the Twitter account associated with the winning entry.
4. WINNER SELECTION: After the Promotion Period has closed, Sponsor will randomly select one (1) entrant who has submitted an eligible entry as the potential Prize winner of the Promotion. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. The potential winner will be notified via Twitter that he/she is the potential winner and will be instructed to send an email to firstname.lastname@example.org. The potential winner will have 24 hours to respond to this notification. Any potential winner may be subject to verification of eligibility and may be required to sign and return an Affidavit of Eligibility, Release, Copyright Assignment and Publicity License Form (“Release”) within a certain time period after notification. If a potential winner cannot be reached (regardless of reason), does not respond within the designated time, or there is a return of any Prize/Prize notification as undeliverable, he/she may be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. Failure to comply with any term or condition in these Official Rules may result in disqualification at Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, an alternate potential winner may be selected in a random drawing from the remaining entries. Odds of winning will depend upon the total number of eligible entries received.
5. PRIZE & APPROXIMATE RETAIL VALUE: One Prize will be given away during the Promotion Period. The Prize consists of: three t-shirts and three Echosmith vinyl records (the “Prize”).
Bonus for Winner who Obtains a Wristband: If the Winner attends the Echosmith performance at the Festival, scheduled for May 15, 2015 (the “Performance”), that Winner and a guest of his/her choice will have the chance to participate in a meet and greet with members of Echosmith and have their Prize autographed by members of Echosmith (the “Bonus Meet and Greet”). The Winner and his/her guest, as a prior condition of participating in the Bonus Meet and Greet, must obtain a wristband guaranteeing admission to the Festival; however, no wristband purchase is necessary for entry into this Promotion. ANY EXPENSE ASSOCIATED WITH ADMISSION TO THE FESTIVAL, INCLUDING THE COST OF WRISTBANDS, TRAVEL TO AND FROM THE FESTIVAL, MEALS AND HOTEL ACCOMMODATIONS, SHALL BE THE SOLE RESPONSIBILITY OF THE WINNER; THE WINNER SHALL NOT BE REIMBURSED BY SPONSOR FOR SUCH EXPENSES.
Sponsor does not guarantee the availability of wristbands for the date of the Performance. If the Winner is unable to attend the Performance and the Bonus Meet and Greet at the time designated by Sponsor, the Bonus Meet and Greet shall be deemed forfeited by the Winner and no additional or alternative bonus will be awarded; provided, however, that Sponsor may reschedule the Bonus Meet and Greet without prior notice to the Winner if the members of Echosmith are unavailable for any reason. Should the Winner be unable to attend any rescheduled Bonus Meet and Greet, that Winner’s participation in the Bonus Meet and Greet shall be deemed forfeited, and Sponsor shall have no further obligation to the Winner. If any Bonus Meet and Greet component is not available or is cancelled for any reason, then the Prize shall constitute full satisfaction of Sponsor’s prize obligation to the Winner and no additional compensation will be awarded.
There is no cash equivalent to the Bonus Meet and Greet and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Bonus Meet and Greet for a bonus of equal or greater value if the designated Bonus Meet and Greet should become unavailable for any reason. The Winner shall be responsible for all taxes and fees associated with prize receipt and/or use. The approximate combined retail value of the Prize and the Bonus Meet and Greet is $500.00. Prizes and Bonuses are non-transferable.
6. PUBLICITY AND PERSONAL INFORMATION OPT-IN: Acceptance of a Prize constitutes permission to the Sponsor and its agents to use the Winner’s names and/or likenesses, Prize information, photographs, voices, comments for purposes of advertising and trade without further notice, permission, or compensation, unless prohibited by law.
By participating in this Promotion, entrants consent for the Sponsor to obtain, use, and transfer their name, address, Twitter handle, and other information for the purpose of administering this Promotion. Additionally, entrants authorize the Sponsor to send them emails, tweets, and other messages. The information that provided in connection with the entry process will be used by Sponsor and/or its affiliates, but will not be sold or provided to another company.
7. PRIZE TERMS AND CONDITIONS: A potential Winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by a potential Winner, that potential Winner shall be disqualified and all privileges otherwise due to such person as a Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining applicable eligible Entries received in Sponsor’s sole discretion. To claim a prize, you will be required to provide your correct full name, a valid, government-issued photo identification document, mailing address, date of birth, telephone number and e-mail address. A potential Winner may be subject to verification before a prize will be awarded. The Winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. The Winner will be required to sign an Affidavit of Eligibility, Liability/Publicity Release, and Certificate of Work Made for Hire/Copyright Assignment (collectively, the “Prize Acceptance Release”), together with such other documents as Sponsor may deem necessary or advisable in its sole discretion, and return them within three (3) days of written notification or the prize may be forfeited and an alternate potential Winner selected.
The Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize. If applicable, any stated average retail value (“ARV”) of the Prize is based on available information provided to Sponsor. Any difference in ARV at the time of awarding will not be awarded, and the value of any Prize awarded to the Winners may be reported for tax purposes as required by law. THE WINNER WILL BE REQUIRED TO PROVIDE SPONSOR WITH A VALID SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER FOR TAX REPORTING PURPOSES BEFORE A PRIZE WILL BE AWARDED. An IRS Form 1099 will be issued in the name of the Winner for the total ARV of the prize, as stated above, in the calendar year the prize was won. Acceptance of a prize constitutes permission (except where prohibited) for the Sponsor and the Sponsor’s designees and partners to use the Winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or Promotion purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
7. RELEASE OF LIABILITY: As a condition of entering or participating in this Promotion, Winner agrees to hold harmless Sponsor, Twitter, and each of their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising agencies, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) against any and all claims and liability arising out of use or misuse of a Prize or participation in the Promotion. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in this Promotion or use or redemption of any Prize.
California citizens: Entrant hereby acknowledges its familiarity with Section 1542 of the Civil Code of California, which provides that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected the settlement with the debtor.” Accordingly, entrant hereby waives every right or benefit which under Section 1542, and under any similar provision of any other applicable law, to the full extent that any entrant may lawfully waive such right or benefit pertaining to this Promotion. Entrant further acknowledges that he/she may hereafter discover facts in addition to or different from those which those known or believed to be true with the respect to this Promotion, but that it is entrant’s intention hereby fully, finally and forever, to settle and release the Released Parties from all disputes and claims, known or unknown, suspected or unsuspected, which now exist, may exist or heretofore existed, and in furtherance of such intention, the release given herein shall be and remain in effect as a full and complete release, notwithstanding the discovery or existence of any such additional or different facts.
8. DISPUTES. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Nevada or the appropriate State Court located in Las Vegas, Nevada; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion or participating in the Promotion, but in no event attorneys’ fees; (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Nevada without giving effect to any choice of law or conflict of laws rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
10. GENERAL CONDITIONS: Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any Prize or in the administration of the Promotion. In no event will more than the number of Prizes stated in these Official Rules be awarded. Released Parties are not responsible for incomplete, undecipherable lost, late, damaged, illegible, delayed, corrupted or misdirected e-mail, entries, or for any technical problems, malfunctions of any telephone lines or networks, computer systems, servers, providers, hardware or software, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmission, loss of data or entry information, or any other human or technical errors of any kind, or any combination of any of the foregoing. Released Parties assume no responsibility for undeliverable messages resulting from filtration of an entrant’s wireless or Internet service provider or for insufficient space to receive text or e-mail or other messages.
If for any reason this Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend, or modify the Promotion without notice and award the Prize using all non-suspect eligible entries received as of or after this termination or suspension date. If the Promotion is canceled, Sponsor will award the Prize from among all eligible entries received as of the time of cancellation in a random drawing, and Sponsor shall have no further obligation to any entrant in connection with the Promotion. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROMOTION SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.